ENB - STATEWIDE NOTICES

Part 621 Proposed Amendment and Hearing Notice

New York State Department of Environmental Conservation, 6 NYCRR Part 621 and cross references in Parts 622, 624, 663, and the Part 370 and 380 Series

Pursuant to Environmental Conservation Law, Section 70-0107 of the Environmental Conservation Law, the New York State Department of Environmental Conservation hereby gives notice of the following:

Proposed amendment of 6 NYCRR Part 621, Uniform Procedures, will change the order of the regulation to more closely follow the application review process, add needed definitions, clarify and update procedures for various programs that fall under the auspices of Uniform Procedures, clarify procedures for transferring a permit, clarify how to apply for variances, add several minor categories that will save applicants time and money without impacting the environment, clarify department and applicant responsibilities in various stages of the application review process, amend cross references to Part 621 that appear in Parts 622, 624, 663, 370 series and 380 series, and update addresses and telephone numbers of regional offices including FAX numbers and the departmentís website www.dec.state.ny.us. This amendment was proposed and filed with the Department of State July 15, 2005. The Notice of Proposed Rule Making will be published in the August 3, 2005 issue of the State Register.

Hearing Notice

Notice is hereby given that the New York State Department of Environmental Conservation (department), will hold legislative public hearings on amendments to proposed rules, Part 621 and cross references in Parts 622, 624, 663, and the Part 370 and 380 Series pursuant to Article 70-0107 of the Environmental Conservation Law.
Amendments to Part 621, Uniform Procedures, will change the order of the regulation to more closely follow the application review process, add needed definitions, clarify and update procedures for various programs that fall under the auspices of Uniform Procedures, clarify procedures for transferring a permit, clarify how to apply for variances, add several minor categories that will save applicants time and money without impacting the environment, clarify department and applicant responsibilities in various stages of the application review process, amend cross references to Part 621 that appear in Parts 622, 624, 663, 370 series and 380 series, and update addresses and telephone numbers of regional offices including FAX numbers and the departmentís website. This amendment was proposed and filed with the Department of State July 15, 2005. The Notice of Proposed Rule Making will be published in the August 3, 2005 issue of the State Register.
An opportunity to ask questions related to this rule making proposal of department staff will immediately precede the start of the legislative hearing.

The department will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by August 30, 2005, to Charles B. Gardner, NYSDEC, 625 Broadway, Albany NY 12233-3250, 518- 402-9154; email, cbgardne@gw.dec.state.ny.us. Hearings will be held as follows and are scheduled in places that are reasonably accessible to persons with impaired mobility:

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the department has prepared a Negative Declaration stating that the proposed actions will not have a significant adverse effect on the environment.
The department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearings. At each hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. The department will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend each hearing. Information may be obtained from Charles B. Gardner, NYSDEC Division of Environmental Permits, 625 Broadway, Albany NY 12233-1750, telephone, 518 402-9154; email, cbgardne@gw.dec.state.ny.us. Written statements may be submitted until 2005.
The proposed regulation is available on the departmentís website at:www.dec.state.ny.us/website/regs/proposed.html.

Comments on Part 621 will be accepted until October 4, 2005

Final Report of the Invasive Species Task Force

The New York State Department of Environmental Conservation and the Department of Agriculture and Markets DAM are seeking public comment on the Draft Report of the New York State Invasive Species Task Force released today. The Report describes problems associated with invasive plants, animals and pathogens. It discusses existing efforts by government, conservation groups, and industry. It also makes recommendations about how New York can more effectively combat this growing and expensive threat.

Invasive species are non-native species that can cause harm to the environment or to human health. As a threat to our biodiversity, they have been judged second only to habitat loss. Invasives come from all around the world and the rate of invasion is increasing along with the increase in international trade that accompanies globalization. Since the Task Force began its work in 2004, at least six new species have invaded New York.

Invasive species have caused many problems in the past, are causing problems now, and pose threats to our future. Zebra mussels, Eurasian watermilfoil, Chronic Wasting Disease, West Nile Virus, Asian Long-horned Beetle, Swede Midge, Purple Loosestrife, Giant Hogweed, and Black Swallowwort are familiar to many New Yorkers. These and a wide variety of other invasive species harm our ecosystems, our food supply, and our "built environments", including gardens, landscaping,, industry, and infrastructure. Invasive species can also harm recreation and human health.

The public is encouraged to use the web for this review. The full Report is available on the web at www.dec.state.ny.us. For those without access to the web, copies of the Report can be obtained by calling Steve Sanford at 518-402-8924. All comments must be written. They can be sent electronically to fwhabtat@gw.dec.state.ny.us ("ISTF Report" in subject line) or mailed to New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4756, Attn: ISTF Report.

Comments will be accepted through September 14, 2005. A final report is due to the Governor and Legislature by November 30, 2005.

The Task Force is also holding 6 public review sessions around New York State.

August 27:00 to 9:00 PM
Capital District
The Pride of New York Room
NYS-Dept. of Agriculture and Markets
10 B Airline Drive (north of Christian Brothers Academy)
Albany

Public Notice

DRINKING WATER STATE REVOLVING FUND

New York State Department of Health
Bureau of Water Supply Protection
Flanigan Square, 547 River Street
Troy, NY 12180-2216
and
New York State Environmental Facilities Corporation
625 Broadway
Albany, NY 12207-2997

MUNICIPALITIES AND OWNERS/OPERATORS OF PUBLIC DRINKING WATER SUPPLY SYSTEMS

New York State Drinking Water State Revolving Fund Intended Use Plan

Draft Amendment #4 to the Drinking Water State Revolving Fund Intended Use Plan issued September 27, 2004 was published in the June 29, 2005 issue of the Environmental Notice Bulletin. The comment period for the Draft Amendment #4 closed on July 14, 2005. The New York State Department of Health received no public comments pertaining to this amendment. Therefore, the amendment to the Drinking Water State Revolving Fund Intended Use Plan is final as shown below.

The New York State Department of Health (DOH) and the New York State Environmental Facilities Corporation (EFC) amended the Drinking Water State Revolving Fund (DWSRF) Final Intended Use Plan (IUP) dated September 27, 2004, to adjust the estimated project cost for one DWSRF project listed on the Project Readiness List. A project description and explanation of the reason for the cost increase are included in the table below:

Borrower

County

Project Description

DWSRF #

Current IUP Cost

Proposed IUP Cost

Explanation

(V)
Athens

Greene

Upgrade Water Treatment Plant

15701

$0

$900,000

The cost increase is the result of an update of the original project estimate by the engineer. It is attributed to inflation and an increase in material costs since the original project estimate and required redundancy. The current IUP cost reflects the projectís remaining balance not funded with its short-term loan. The proposed IUP cost is the amount of the cost increase.

The Department has determined that the project cost increase is necessary, reasonable and consistent with the original project concept. In addition, the scope of the projects has not changed, nor have we altered the project priority rankings in any way. The project cost increase will not adversely affect any other project on the IUP Project Readiness List above the funding line. Except for the above-noted changes, there are no other changes to projects listed on the Project Readiness List or to the project priority rankings.Ē

The revised Project Readiness List may be obtained by calling DOHís toll free information line at 1-800-458-1158, extension 27676 (within New York State only) or (518) 402-7676.

Public Notice

Solicitation of All Available Data for the 2006 New York State Section 303(d) List
Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2006.

To support the development of the Section 303(d) Lists, States are required to assemble and evaluate existing and readily available water quality related data and information. The purpose of this notice is to announce the schedule for updating the NYS Section 303(d) List and solicit data and information that may be useful in compiling the list.

The water quality assessment of New York Stateís waters is a continuous process. Every year waters in 2 or 3 of the 17 drainage basin in the state are scheduled to be re-assessed. This rotating basin approach allows for a re-assessment of water quality of the entire state every 5 years. The assessment of these waters is a public process which includes both the participation of a wide range of state, federal and local agencies and non- government water quality partners (watershed groups, lake associations, academic researchers, etc.) and the solicitation of data and information from these groups. NYSDEC is able to effectively manage the reassessment process by focusing the effort on specific drainage basins over a five-year period. Concentrating on a few basins each year allows NYSDEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data. In order to maintain an effective and comprehensive review of solicited data and information, it is necessary to establish a cut-off date for the receipt of water quality data and information.

In order to be included for consideration in the compiling of the 2006 Section 303(d) List, data and information must be received by September 30, 2005. It is not the intent of the September 30 cut-off date to exclude additional information. Rather it is to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the list, and submit a final list to USEPA.

Additionally, while data may be submitted for any water in New York State prior to the September 30 cut-off date, the focus of the current assessment effort is in the following drainage basins: Allegheny River Basin, Black River Basin, Chemung River Basin, Lake Ontario (Minor Tribs) Drainage Basin, Lower Hudson River Basin, Oswego River (Finger Lakes) Drainage Basin, and Upper Hudson River Basin. Again the purpose of this drainage basin focus is not to exclude or otherwise limit solicitation of data, but to provide the same level of scrutiny and public review of all water quality information received and allow all who wish to participate equal involvement in the process.

In order to facilitate the review and inclusion of water quality data and information to be considered in the compiling of the 2006 Section 303(d) List, such submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List Assessment Worksheet. This worksheet allows the capture of water quality information based on general observation of conditions and/or local knowledge of designated use support/non-support of a waterbody absent specific (numeric) monitoring data. The worksheet and instructions for completing it can be obtained by contacting the NYSDEC Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at 518-402-8179, or via email at dmwicker@gw.dec.state.ny.us. The worksheet /instructions are also anticipated to be available on the NYSDEC website at:
www.dec.state.ny.us/website/dow/bwam/wqap.html.

The submission of water quality monitoring data should also include a copy of the corresponding Quality Assurance/Quality Control Plan, QA/QC results summary and description of measures used in the collection of the data.

Additional information regarding the NYSDEC Water Quality Assessment Program and the Waterbody Inventory/Priority Waterbodies List is included in the New York State Section 305(b) Water Quality Report.
www.dec.state.ny.us/website/dow/bwam/305b.html.